Patna High Court
Jyotish Mandal @ Jyotish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Jyotish Mandal, was charged under several sections of the B.N.S. and the Arms Act for allegedly assaulting a woman with the butt of a pistol during a dispute. He applied for regular bail, asserting his innocence, a clean antecedent, and that the injury was minor with no fracture as per the medical report. The State opposed the bail. The court considered the monetary nature of the dispute, the simple injury, and the length of custody, and decided to grant bail on a bond of Rs.10,000 with two sureties. The order expressly states that the observations are prima facie and not to influence the trial. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious charges under the B.N.S. and Arms Act.
- Whether the nature of the alleged injury and the monetary dispute justify granting bail.
Legislation cited
Subjects
- bail
- regular bail
- assault
- arms act
- criminal procedure
- injury
- monetary dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34870 of 2026
Arising Out of PS. Case No.-253 Year-2024 Thana- SABAUR District- Bhagalpur
======================================================
Jyotish Mandal @ Jyotish Kumar S/O Late Darogi Mandal R/O Village-
Purani Shankarpur, P.S-Sabour, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sabour P.S. Case No. 253 of 2024, registered under Sections
126(2), 115, 352, 351(2), 3(5) of the B.N.S. and section 25(1-
B)a, 26 & 35 of the Arms Act.
3. The allegation is that Pawan Mandal and Jyotish
Mandal (petitioner) came to the house of informant and Pawan
Mandal and Jyotish Mandal assaulted his wife on head with the
butt of pistol.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has annexed the injury report of the
lady where injury report has been kept reserved with complaint
of pain with swelling over root of nose. The final injury report
would show swelling and the bruise and the X-ray shows no
Patna High Court CR. MISC. No.34870 of 2026(2) dt.20-05-2026
2/2
bony fracture. The petitioner has clean antecedent and he is in
custody since 02.09.2025.
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the backdrop of monetary dispute,
simple injury and period of custody, this application is allowed.
7. Accordingly, let the petitioner above named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned J.M., 1st Class,
Bhagalpur /concerned court below in connection with Sabour
P.S. Case No. 253 of 2024.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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